Opinion
April 2, 1935.
April 22, 1935.
Decedents' estates — Legacies — Legacies bequeathed in trust — Income or interest — Legacies of residuary trust estate.
Where testator, after bequeathing pecuniary legacies payable directly to the legatees, makes certain bequests in trust which, under the will, bear income, and then bequeaths the residuary trust estate to other legatees, the legatees whose legacies are bequeathed in trust are entitled with the residuary trust legatees to a pro rata share of the income of the estate from the death of testator to the time of distribution.
Argued April 2, 1935.
Before FRAZER, C. J., SIMPSON, KEPHART, MAXEY, DREW and LINN, JJ.
Appeals, Nos. 69 and 112, March T., 1935, by John Jackson Bissell and Frank Semple Bissell, from decree of O. C. Allegheny Co., June T., 1934, No. 182, in Estate of Mary Louisa Jackson, deceased. Decree affirmed.
Audit of account of executor.
The facts are stated in the opinion of the lower court, TRIMBLE, P. J., as follows:
A partial distribution of testatrix's estate was made and the balance suspended for convenience. She bequeathed pecuniary legacies payable directly to the legatees and, of these, thirty-five per cent was included in the decree of distribution to which was added interest thereon at the rate of six per cent from one year after her death until the date of the decree. Testatrix also bequeathed legacies in trust which, under the will, bore income. Thirty-five per cent of these legacies was distributed to the trustee and, also, a pro rata share of the income accounted for.
Exceptions were filed to the decree of distribution which, in effect, demand distribution of interest instead of income for the legatees whose legacies are bequeathed in trust.
The distribution which was decreed recognized the requirement of section 21 of the Fiduciaries Act of 1917 which provides for the payment of interest on pecuniary legacies. The will is silent with respect to interest or income on pecuniary legacies and, consequently, the statute was followed. In the decree of distribution we also recognized and followed the Estate of William Band, Jr., 103 Pa. Super. 553, where the bequests in trust are practically the same as in this case. There the court distinguished between interest and income and, since the testatrix in this case has directed that these legacies in trust shall share the income, the distribution was made according to the direction of the will.
Counsel for the exceptant has not shown us any case contrary to the distinction drawn in Band's Estate and we know of no reason why we should depart from it. The exceptions will be dismissed.
Decree entered awarding share of income to cash bequests in trust. Life beneficiaries of part of residuary estate appealed.
Error assigned, among others, was decree.
Raymond R. Goehring, with him Simon T. Patterson, of Patterson, Goehring, McClintock Collin, for appellants.
Miles H. England, with him Smith, Buchanan, Scott Gordon, for appellee.
These two appeals involve the same question and were argued together. The decree entered is affirmed as to both appellants on the opinion of the learned President Judge of the Orphans' Court; costs to be paid by appellants.